Citation NR: 9608385
Decision Date: 03/29/96 Archive Date: 04/11/96
DOCKET NO. 94-05 243 ) DATE
)
)
On appeal from the decision of the
Department of Veterans Affairs Regional Office in Fargo,
North Dakota
THE ISSUES
1. Entitlement to service connection for spondylolisthesis
of L5 - S1 and degenerative joint disease of the lumbar
spine.
2. Entitlement to an increased (compensable) evaluation for
residuals of a fracture of the left ilium.
REPRESENTATION
Appellant represented by: Disabled American Veterans
WITNESS AT HEARING ON APPEAL
The appellant
ATTORNEY FOR THE BOARD
R. A. Caffery, Counsel
INTRODUCTION
The veteran served on active duty from June 1968 to June
1970. This is an appeal from 1993 and 1994 decisions by the
Department of Veterans Affairs (VA) Regional Office, Fargo,
North Dakota, denying entitlement to service connection for
spondylolisthesis of L5 - S1 and degenerative joint disease
of the lumbar spine and confirming and continuing a
noncompensable evaluation for the veteran's service-connected
left ilium fracture residuals. The statement of the case
that was sent to the veteran in July 1993 included the issue
of entitlement to an increased evaluation for residuals of a
fracture of the veteran's left wrist. However, at the
February 1994 hearing on appeal, he withdrew his appeal
regarding that issue.
REMAND
The veteran's service medical records reflect that he
sustained fractures of the left wrist and left ilium in
November 1968 when he was trapped between two trucks and one
rolled onto him.
When the veteran was examined by the VA in May 1993, the
diagnoses included a Grade I spondylolisthesis of L5 on S1
and degenerative arthritis of the lumbar spine.
The veteran has contended that the inservice injury to his
hip also resulted in a low back disability. He has asserted,
in the alternative, that his gait was altered as a result of
the service-connected hip condition and his low back
conditions developed as a result of the altered gait.
During the course of the February 1994 hearing, it was also
asserted that the 1993 VA examinations were inadequate and it
was asked that the veteran be examined by a neurosurgeon or
an orthopedic surgeon who could offer an opinion as to any
cause-effect relationship between his service-connected left
hip condition and his current back disabilities. The veteran
indicated that he had been scheduled to see a neurologist
from Salt Lake City at the VA Medical Center in Miles City on
March 11, 1994.
The Board notes that, after the hearing, the hearing officer
requested that various medical records of the veteran be
obtained. He also asked that the neurologist examining the
veteran on March 11, 1994 be asked to include findings
regarding the extent of spondylolistheses of L5-S1 and
express an opinion as to whether that condition had been
caused by an altered gait from the fracture of his left
ilium. The VA Medical Center Miles City was later contacted;
however, that facility indicated that all records of the
veteran had been transferred to the VA Medical Center, Ft.
Meade South Dakota on January 26, 1994 and the veteran had
not been back to the VA Medical Center Miles City since that
time.
The record reflects that when the veteran was seen on
outpatient basis by the VA in January 1993, he complained of
pain involving the right hip rather than the left hip. When
he was seen in April 1993, he reported pain on palpation over
the right hip. At the time of the May 1993 VA examination,
he reported pain in the pelvis and low back that radiated
into the right leg and related that he experienced numbness
of the right leg.
In view of the aforementioned matters, the Board believes
that additional information would be desirable and the case
is REMANDED for the following action:
1. The veteran should be afforded a
special orthopedic examination in order
to determine the current nature and
extent of the service-connected left
ilium fracture residuals and any low back
disability including spondylolisthesis or
degenerative arthritis or right hip
condition that may now be present. All
indicated special studies, including
X-rays of the low back and both hips,
should be conducted. The examiner should
specify whether there is any pain to
palpation of the left hip as well as the
right hip and whether there is any pain
on motion of either hip. The examiner
should also express an opinion as to
whether the inservice injury to the
veteran's left hip in 1968 caused,
contributed to or aggravated his current
low back disabilities or whether the
veteran has an altered gait as a result
of his service-connected left hip
condition that has caused the current low
back conditions. The claims file is to
be made available to the examiner for
review.
2. The veteran's case should then be
reviewed by the regional office. If the
denial is continued, he and his
representative should be sent a
supplemental statement of the case and be
afforded the appropriate time in which to
respond.
When the above action has been completed, the case should be
returned to the Board for further appellate consideration, if
otherwise in order. No action is required of the veteran
until he receives further notice.
The purpose of this REMAND is to obtain clarifying
information. The Board intimates no opinion as to the
disposition warranted in this case pending completion of the
requested action.
ROBERT D. PHILIPP
Member, Board of Veterans' Appeals
The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___
(1994), permits a proceeding instituted before the Board to
be assigned to an individual member of the Board for a
determination. This proceeding has been assigned to an
individual member of the Board.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. § 20.1100(b)
(1994).
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